OPINION: We are no longer a “rule of law” country. We are a “rule of opinion” nation. I feel sorry for a young person pursuing a career as an attorney. They study long and hard in law school and all they get is a degree in history. The law is nothing like they learned – it’s extremely twistable based on the prejudice of the prosecution, the defense, and/or the judge, and on the plaintiff’s or defendant’s ability to pay.

I’ve heard arguments about the constitution being a hard and fast document or being a breathable document subject to the norms of the times. It’s like the argument about the Bible being literally translated or subject to interpretation. I’m sure the answer is somewhere in the middle on both accounts, but the legal system, for the most part, avoids that middle ground.

I’m reminded of the story of the drunk leaning on a lamppost. Question: Is he using it for support or enlightenment? He was a hedge fund manager who was charged with public drunkenness. There is a police record of him with a blood alcohol level of 2.8, and video evidence of him staggering like a wounded deer, and physically threatening people in his zig-zag path. It was argued that all he was doing was seeking light to read a note in his pocket to find a local address. Juries, judges, and military tribunals have acquitted people like this in too many cases to count.

It seems the poorer you are, the more strictly the law is applied. The wealthier you are, the more likely it will bend in your favor. Should the outcome of your trial be dependent on your ability to pay for a lawyer who has sway? I get that attorneys want to vigorously represent their clients. That’s the American way. What I don’t get is ignoring the law and attempting to rewrite it during a trial.

I’m embarrassed watching the rule of law sway in the breeze in the current nationally televised trial. The law doesn’t matter anymore. We are witnessing it being thrown out the door.

Occupational advice: Become a plumber or a doctor because the law is at death’s door.

All the best,

John